The Ultimate Deposition Objections Cheat Sheet for Lawyers

1. Form of the Question

A “form of the question” objection is a general objection used when an attorney poses a question in an improper structure. You may use this objection when:

• The question is compound (asks multiple things at once)
• The question is leading
• The question is vague, confusing, or ambiguous

Example:

“Did you speak to your manager, and did he tell you to ignore the complaint?”

This is a critical objection because it’s one of the few permitted under state and federal deposition rules unless asserting privilege. If the opposing counsel asks a compound question and you raise a valid form of the question objection, the opposing counsel will usually rephrase it. 

2. Asked and Answered

The “asked and answered” objection is applicable when the person being exposed has already asked and sufficiently answered the question. You should use this objection when the opposing counsel is repeating the same question, possibly in an attempt to badger the witness.

Example:

Opposing counsel: “So, you weren’t at the meeting?”

Witness: “No, I wasn’t.” 

Opposing counsel (minutes later): “You didn’t attend the meeting on the 12th?”

Repetitive questioning can wear down a witness and lead to mistakes. Use this objection to keep the deposition moving and protect your client. 

3. Relevance

“Relevance” is one of the most commonly used premises on our deposition objections cheat sheet. You could use this objection premise if the answer to the question is not likely to affect the outcome of the case. It is best used when the opposing counsel strays too far from the issues at hand and the question appears to have no legitimate purpose.

Example:

“What medications are you currently taking?” in a breach of contract case where health is not at issue.

While the scope of discovery is broad, attorneys are not allowed to go on generalized fishing expeditions. Raising relevance objections signals that you find a line of questioning to be inappropriate. The opposing counsel may take this as a sign that they need to refocus their questions. 

4. Calls for Speculation

If the opposing counsel asks the witness to guess or assume something they wouldn’t logically know, you could raise a “calls for speculation” objection. Be wary of any questions that require your witness to infer, imagine, or guess rather than testify from their personal knowledge.

Example:

“Why do you think your supervisor didn’t promote you?”

Unless the witness has direct knowledge about why they weren’t promoted, such speculation isn’t reliable and can harm the accuracy of the record. Deposition questions should focus on the witness’s firsthand knowledge and account, not their guesses or assumptions. 

5. Calls for a Legal Conclusion

Questions should not ask the witness to make a legal determination. A “calls for a legal conclusion” objection may be appropriate when the deponent is asked to classify conduct as legal or illegal, as fair or unfair, or otherwise make a legal judgment.

Example:

“Would you agree that your employer’s actions constituted retaliation?”

Depositions are meant for fact-finding, not asking witnesses to make legal interpretations. This objection helps keep the testimony factual and relevant to what the witness knows and doesn’t know. 

6. Harassment

Questions that are clearly intended to intimidate or embarrass the witness can warrant a “harassment” objection. You should consider using this objection premise if the questioning becomes overly aggressive or personal without justification. However, there is a fine line between asking tough questions and badgering.

Example:

Repeatedly asking a sexual harassment plaintiff intrusive personal questions unrelated to the case.

If the opposing counsel is engaging in harassment, you may raise this objection. You can also request a break or even terminate the deposition if the harassment continues.  The right to discovery cannot be abused to harass or intimidate a witness.

7. Mischaracterization of Testimony 

Mischaracterization occurs when the attorney misquotes or distorts the witness’s prior statements in their follow-up questions. Experienced attorneys may subtly try to discredit your witness’s testimony by misquoting their answers throughout the deposition. You should raise this objection if the opposing counsel refers to earlier testimony incorrectly.

Example:

Counsel: “Earlier, you said your supervisor threatened you, correct?”

Witness: “No, I said I felt intimidated, not that he threatened me.”

These subtle differences can be used to trap a witness into an inconsistent statement. Preserving this objection ensures the record is accurate and protects the witness from unfair lines of questioning. 

Enhance Case Preparation with Rocket Matter 

The concepts outlined in our deposition objections cheat sheet will help you prepare for your next deposition and effectively stand up for your client’s rights as they face stringent questioning from opposing counsel.

To put these common deposition objections to use, you need to stay organized. Having the right tools at your disposal makes that task far more manageable.

Rocket Matter provides you with a user-friendly mobile app to help you keep track of your busy schedule and access relevant case information from anywhere.

Use our mobile app and organizational tools to refresh your memory about key facts of a case before stepping into the deposition room. When these details are top of mind, you can use them in conjunction with our court objections list to protect your client and witnesses from prohibited questioning.

Rocket Matter also helps you prep clients more efficiently, automate scheduling and reminders, and improve productivity. With streamlined workflows and comprehensive tools, you’ll feel confident and prepared, maximizing your efficiency during every stage of the case.

Explore our practice management solution and manage your cases with ease.